Chapter 1.24
ADOPTION, MAINTENANCE AND PUBLICATION OF CITY POLICIES AND PROCEDURES
Sections:
1.24.010 Purpose and intent – Interpretation.
1.24.020 Interpretation of policies and procedures.
1.24.030 Systemization, preparation and adoption of policies and procedures.
1.24.050 Publication of policies and procedures.
1.24.010 Purpose and intent – Interpretation.
A. The purpose of this chapter is to establish a uniform procedure for the administrative adoption, maintenance and publication of city policies and administrative procedures. The intent of this chapter is that it be used by the city manager consistently and routinely to adopt, maintain, amend, repeal, replace and publicize city policies and procedures for the benefit of the city and in the conduct of the city’s affairs, and that such policies and procedures be readily available to city personnel and the public.
B. The procedures set forth in this chapter are not exclusive and shall not waive, limit or abrogate the city council’s legislative authority or other prerogative, nor the city manager’s administrative authority or other prerogative, to take any appropriate or necessary action, or to adopt and implement policies in a different manner, and such other actions, policies and procedures shall be valid and enforceable notwithstanding that they were or were not adopted in conformance with this chapter. (Ord. 2017-815 § 2)
1.24.020 Interpretation of policies and procedures.
A. A policy or procedure adopted in accordance with this chapter that contains a statement that it does or is intended to supersede, replace or repeal an earlier-adopted or inconsistent policy or procedure shall be conclusive as to the status of the earlier-adopted policy or procedure.
B. In the event of a conflict between policies and procedures adopted in accordance with this chapter and those adopted pursuant to MCMC 1.24.010(B), they shall be harmonized to the extent possible giving greater weight to (1) the later-adopted policy or procedure; (2) the policy or procedure’s conformance with and furtherance of later-adopted state statutes; and (3) the policy or procedure’s conformance and integration with other pertinent policies and procedures of the city; provided, that if the later-adopted policy or procedure contains a statement that it does or is intended to supersede, replace or repeal an earlier-adopted policy or procedure, such statement shall be conclusive as to the status of the earlier-adopted policy or procedure. (Ord. 2017-815 § 2)
1.24.030 Systemization, preparation and adoption of policies and procedures.
A. The city manager shall establish and maintain a uniform procedure for preparation, review, and adoption of policies and procedures adopted pursuant to this chapter.
B. Proposed policies and procedures to be adopted pursuant to this chapter shall be prepared by or at the direction of the city manager or a department head, and shall be subject to review and coordination within the city to ensure the content of such policy or procedure. A policy or procedure proposed under this chapter shall contain, or shall direct prompt promulgation of, the administrative procedures necessary to implement the proposed policy or procedure.
C. Every policy and procedure proposed for adoption pursuant to this chapter shall be reviewed and approved in writing by the city manager prior to adoption. The city manager shall advise the city council as to policies and procedures under consideration for adoption, and shall determine whether such policy or procedure requires presentation to or approval of the city council, in which case the applicable provisions of MCMC 1.24.040 will apply. If the policy or procedure is to be adopted by the city manager, the manager shall include a statement on the face of the policy or procedure specifying the date of adoption and the implementation or effective date thereof. Following adoption, the city manager shall provide a copy to the city council and shall implement such policies and procedures as specified or required. (Ord. 2017-815 § 2)
1.24.040 Council actions.
A. The city council may in its discretion propose policies and procedures or direct the city manager to prepare or propose policies and procedures to be adopted by the council or the city manager pursuant to this chapter.
B. The city council may take whatever action it deems appropriate when presented with a policy or procedure proposed under this chapter; provided, that the city council shall adopt any final policy or procedure at an open public meeting. At the city council’s discretion, a public hearing may be scheduled before or after adopting or taking action on the proposed policy or procedure. (Ord. 2017-815 § 2)
1.24.050 Publication of policies and procedures.
A. The city manager shall establish and maintain a uniform system for organizing, tracking and publicizing policies and procedures adopted pursuant to this chapter. (Ord. 2017-815 § 2)
1.24.060 Appeals.
A. It is not the intent of this chapter to establish a right of administrative appeal pertaining to any policies or procedures adopted pursuant to this chapter. Accordingly:
1. Every policy or procedure adopted pursuant to this chapter by a final action of the city council shall be appealable only as provided by law or as expressly stated in such policy or procedure.
2. Every policy or procedure adopted pursuant to this chapter by action of the city manager shall be appealable only as provided by law or as expressly stated in such adopted policy or procedure.
3. There shall be no administrative appeal of an action taken in accordance with or pursuant to administrative procedures implemented pursuant to an adopted policy except as provided by law or as stated in such policy.
4. There shall be no administrative or judicial appeal of a decision to propose, forego, or not adopt any policy or procedure pursuant to this chapter except as provided by law.
B. An appeal of any policy or procedure adopted pursuant to this chapter, if allowed, shall not suspend adoption or implementation of such policy or procedure except as provided by law. (Ord. 2017-815 § 2)